Amelie & Ors v Cable & Wireless (Sey) Ltd (227) [2023] SCSC 227 (21 March 2023)

Amelie & Ors v Cable & Wireless (Sey) Ltd (227) [2023] SCSC 227 (21 March 2023)

The Applicants failed to show good cause for the six-week delay in filing the notice of appeal, as the delay was attributable to their lack of prudence and their counsel's lack of diligence. The heads of the awards were clear in the summary judgment, and the law does not require grounds of appeal to be particularised at the notice of appeal stage. The Applicants did not act within the prescribed time, and the application does not meet the threshold for extension of time under the relevant legal principles.

Citation
[2023] SCSC 227
Parties
Applicant/appellant: Ralph Amelie & Others; Respondent: Cable & Wireless Seychelles Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 March 2023
Case Number
227
Procedural Posture
Civil (employment Tribunal Appeal) / Ruling on Application for Extension of Time to File Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeal Procedure, Employment Benefits, Procedural Compliance
Source Language
English
Civil Procedure Employment Law Extension of Time Appeal Procedure Employment Benefits Procedural Compliance

Case Brief

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Parties

Ralph Amelie & Others

Applicant/appellant

Cable & Wireless Seychelles Limited

Respondent

Procedural Posture

Civil (employment Tribunal Appeal) / Ruling on Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the Applicants have shown sufficient cause for extension of time to file notice of appeal out of time
  2. 2 Whether delay in filing notice of appeal was attributable to Applicants or their counsel
  3. 3 Whether the Applicants have an arguable case on appeal

Ratio Decidendi

The Applicants failed to show good cause for the six-week delay in filing the notice of appeal, as the delay was attributable to their lack of prudence and their counsel's lack of diligence. The heads of the awards were clear in the summary judgment, and the law does not require grounds of appeal to be particularised at the notice of appeal stage. The Applicants did not act within the prescribed time, and the application does not meet the threshold for extension of time under the relevant legal principles.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file notice of appeal is dismissed
  • Applicants to pay costs